[ParlTrack]

Proposal for a regulation
Article 2 – point (i) – subpoint (iii)

(iii) the married minor children of couples referred to in point (i) or of the applicant, regardless of whether they were born in or out of wedlock or adopted as defined under the national law, where it is in their best interests to reside with the applicant;deleted

2009/04/03
Committee: LIBE

Simon BUSUTTIL

Proposal for a regulation
Article 2 – point i – subpoint iv

(iv) the father, mother or guardian of the applicant when the latter is a minor and unmarried~~, or when he is a minor and married but it is in his/her best interests to reside with his/her father, mother or guardian~~;

2009/04/03
Committee: LIBE

Simon BUSUTTIL

Proposal for a regulation
Article 2 – point i – subpoint v

(v) the minor unmarried siblings of the applicant, when the latter is a minor and unmarried~~, or when the applicant or his/her siblings are minors and married but it is in the best interests of one or more of them that they reside together~~;

2009/04/03
Committee: LIBE

Simon BUSUTTIL

Proposal for a regulation
Article 6 – paragraph 4

4. Member States shall establish procedures ~~in national legislation~~ for tracing the family members or other relatives present in the Member States of unaccompanied minors, where necessary with the assistance of international or other relevant organisations. They shall ~~start~~endeavour to trace the members of the unaccompanied minor’s family or other relatives as soon as possible, after the lodging of the application for international protection whilst protecting his/her best interests.

2009/04/03
Committee: LIBE

Simon BUSUTTIL

Proposal for a regulation
Article 18 – paragraph 2

2. The Member State responsible shall in all circumstances referred to in paragraph 1 (a) to (d) examine or complete the examination of the application for international protection made by the applicant, within the meaning of Article 2(d). WHowever, when the Member State responsible had discontinued the examination of an application following its withdrawal by the applicant, it shall be obliged to revoke that decision and complete the examination of the application, within the meaning of Article 2(d) only where the request to take charge of, or to take back, the applicant is received by the requested Member State within three months of that decision.

2009/04/03
Committee: LIBE

Simon BUSUTTIL

Proposal for a regulation
Article 26 – paragraph 6

6. Member States shall ensure that wherever possible legal assistance and/or representation beis granted free of charge where the person concerned cannot afford the costs involved.

2009/04/03
Committee: LIBE

Simon BUSUTTIL

Proposal for a regulation
Article 27

1. Member States shall not hold a person in detention for the sole reason that he/she is an applicant for international protection in accordance with Directive 2005/85/EC. 2. Without prejudice to Article 8(2) of Directive […/…/EC] [laying down minimum standards for the reception of asylum seekers], when it proves necessary, on the basis of an individual assessment of each case, and if other less coercive measures cannot be applied effectively, Member States may detain an asylum- seeker or another person as referred to in Article 18(1)(d), who is subject of a decision of transfer to the responsible Member State, to a particular place only if there is a significant risk of him/her absconding. 3. When assessing the application of other less coercive measures for the purpose of paragraph 2, Member States shall take into consideration alternatives to detention such as regular reporting to the authorities, the deposit of a financial guarantee, an obligation to stay at a designated place or other measures to prevent the risk of absconding. 4. Detention pursuant to paragraph 2 may only be applied from the moment a decision of transfer to the responsible Member State has been notified to the person concerned in accordance with Article 25, until that person is transferred to the responsible Member State. 5. Detention pursuant to paragraph 2 shall be ordered for the shortest period possible. It shall be no longer than the time reasonably necessary to fulfil the required administrative procedures for carrying out a transfer. 6. Detention pursuant to paragraph 2 shall be ordered by judicial authorities. In urgent cases it may be ordered by administrative authorities, in which case the detention order shall be confirmed by judicial authorities within 72 hours from the beginning of the detention. Where the judicial authority finds detention to be unlawful, the person concerned shall be released immediately. 7. Detention pursuant to paragraph 2 shall be ordered in writing with reasons in fact and in law, in particular specifying the reasons on the basis of which it is considered that there is a significant risk of the person concerned absconding as well as the time period of its duration. Detained persons shall immediately be informed of the reasons for detention, the intended duration of the detention and the procedures laid down in national law for challenging the detention order, in a language they are reasonably supposed to understand. 8. In every case of a detained person pursuant to paragraph 2, the continued detention shall be reviewed by a judicial authority at reasonable intervals of time either on request by the person concerned or ex-officio. Detention shall never be unduly prolonged. 9. Member States shall ensure access to legal assistance and/or representation in cases of detention pursuant to paragraph 2 that shall be free of charge where the person concerned cannot afford the costs involved. Procedures for access to legal assistance and/or representation in such cases shall be laid down in national law. 10. Minors shall not be detained unless it is in their best interests, as prescribed in Article 7 of this Regulation and in accordance with an individual examination of their situation in accordance with Article 11(5) of Directive […/…/EC] [laying down minimum standards for the reception of asylum seekers]. 11. Unaccompanied minors shall never be detained. 12. Member States shall ensure that asylum-seekers detained in accordance with this Article enjoy the same level of reception conditions for detained applicants as those laid down in particular in Articles 10 and 11 of Directive […/…/EC] [laying down minimum standards for the reception of asylum seekers].Article 27 deleted Detention

2009/04/03
Committee: LIBE

Simon BUSUTTIL

Proposal for a regulation
Article 31 – paragraph 9 a (new)

9a. In view of the fact that the application of the criteria for determining the Member State responsible for examining an application for international protection, as laid down in this Regulation, results in some Member States being required to assume long-term responsibility for a disproportionate number of applicants, on a proposal by the Commission to the European Parliament and the Council and acting in accordance with the procedure laid down in Article 251 of the EC Treaty, instruments shall be enacted, which are binding on all Member States, in order to provide effective support to those Member States which are faced with specific and disproportionate pressures on their national systems owing, in particular, to their geographical or demographic situation. Those instruments shall enter into force no later than 31 December 2011 and in any event make provision for the following:

2009/04/03
Committee: LIBE

8 Amendments of Simon BUSUTTIL related to 2008/0243(COD)

ParlTrack - 2011-2024